HomeMy WebLinkAbout1993-359
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RESOLUTION NO.
93-359
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WEST COAST ARBORISTS, INC., RELATING TO TREE TRIMMING SERVICES FOR
TREE TRIMMING PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO A FOLLOWS:
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 West Coast Arborist, Inc., relating to tree
trimming services for tree trimming 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referenced Agreement is rescinded if the parties to the Agreement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
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held on the
20th day of september , 199--L , by
the following vote, to wit:
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09-02-93 -1-
93-359
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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 WEST COAST
2 ARBORISTS INC., RELATING TO TREE TRIMMING SERVICES FOR TREE
TRIMMING PURPOSES.
AYES NAYS
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X
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4 Council Members:
5 NEGRETE
6 CURLIN
7 HERNANDEZ
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OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
ABSTAIN
ABSENT
ex I .1 /j b,<-I
'v.<:.~ LGd---l Tc.....
'- City Clerk
The foregoing resolution is hereby approved this ":) \<~\
day of September , 199 3 .
Approved as to form
and legal content:
20 James F. Penman,
city Attorney
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By:
09-02-93
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Tom Minor, Mayor
City of San Bernardino
-2-
Res 93-359
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93-359
AGREEMENT
THIS AGREEMENT is entered into as of this J~th I day
OfSI2_'?t_~,\\'\:)~Q ,1993, by and between WEST COAST ARBORISTS,
4 INC., ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY").
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WITNESSETH:
A. WHEREAS, CITY has need for tree trimming services
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 tree trimming services to CITY
in accordance with Bid Specifications F-94-05.
2. Over the term of this Agreement, CONTRACTOR shall be paid
for such services to a total amount not to exceed $329,500.00
determined in accordance with Bid Specification F-94-05.
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 officer, agents and employees harmless form any claims
or suits that may be brought by third persons on account of
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93-359
1 personal injury, death or damage to property or a property or
2 business or personal interest, arising from any negligent act or
3 omission by contractor while performing services under this
4 Agreement.
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6. While not restricting or limiting the foregoing, during
6 the term of this Agreement, contractor shall maintain in effect
7 policies of comprehensive public, general and automobile liability
8 insurance, in the amount of $1,000,000.00 combined single limit,
9 and statutory worker's compensation coverage, and shall file
10 copies of said policies with the CITY'S Risk Manager prior to
11 undertaking any work under this Agreement.
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7. CONTRACTOR shall perform work tasks as directed by the
13 Public Services Department, but for all intents and purposes
14 contractor shall be an independent contractor and not an agent or
15 employee of the CITY.
16 8. In the performance of this Agreement and in the hiring
17 and recruitment of employees, contractor shall not discriminate on
18 the basis of race, creed, color, religion, sex, physical handicap,
19 ethnic background or country of origin.
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9. Any notice to be given pursuant to this Agreement shall
21 be deposited with the united States Postal Service, postage
22 prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
300 North "0" Street
San Bernardino, CA 92418
TO THE CONTRACTOR:
West Coast Arborists, Inc.,
2438 N. Sterling Ave #322
San Bernardino, CA 92404
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93-359
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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.
CITY OF SAN BERNARDINO
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By' //)7'.1 ' i"...."W.......
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T6m Minor, Mayor
city of San Bernardino
ATTEST:
~~<:-i~ (~~/*-
Rache Clark, city Clerk
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Approved as to form
and legal content:
James F. Penman,
City Attorney
By:
09-02-93
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