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HomeMy WebLinkAbout1993-418 . .. 1 2 3 4 5 RESOLUTION NO. 93-418 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLAY SAFE SURFACES INC. RELATING TO PLAYGROUND CUSHIONED FLOORING FOR PLAYGROUND RESURFACING PURPOSES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 execute, on behalf of said city, an agreement between the City of San Bernardino and Playsafe Surfaces Inc., relating to Playground Cushioned Flooring for playground resurfacing 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 The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution.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 November , 199~, by 15th day of the following vote, to wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 10-13-93 -1- 93-418 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLAYSAFE SURFACES INC. RELATING TO PLAYGROUND CUSHIONED FLOORING FOR PLAYGROUND RESURFACING PURPOSES. AYES NAYS X X X X X X X Council Members: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER ABSTAIN L(~y~ The foregoing resolution is hereby approved this day of November , 199 ~ \ ~ '1-\, Approved as to form and legal content: James F. Penman, :~~/1::j:YU2~ a_ /~) ~/' ")1 < / /-"r I / ///" 't ('?" ~ ':'( -/ t L f "'-' r Tom Minor, Mayor City of San Bernardino ABSENT 1<21/12/93 15:23 5.B. PUBLIC SE~:l)ICES -+ '3:!.?14974C17836122 ~"jlJ. leI'=:; lJ".;..';:: Res. 93-418 93-418 AGREEMENT THIS AGREEMENT is entered into between '::'::!:;::!fIitjtTCaX@~'ji'!%:i!"'!:'i'i! and the CITY OF SAN WITNESSETH: A. WHEREAS, CITY has need for playground cushioned flooring installation surfacing service within the CITY and, D. WHEREAS, CONTRACTbR is competent, experienced and able to perform said servioes: 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 playground cushioned flooring installation surfaoing service services to CITY in accordance with Bid Specifications F-94-08. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services a,n amount in accordance with Bid Specification F-94-0B Bidder's PI'oposal and Statement. 3. CONTRACTOR shall provide the Parks, Recreation & Community Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challEmge 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 1 10/12/93 15:23 S.B. PUBLIC SERVICES ~ 9171497407836122 NO. 109 [;103 93-418 injury, death or damage to property or a property or business or personal interest, arising from any negligent act or omission by 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 $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. 7. CONTRACTOR. shall perform work tasks as directed by the Parks, Recreation & Community Services Department, but for all intents and purpose:; contractor shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, cree:d, color, religion, sex, physical handicap, ethnic background e,l' country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States postal Service, postage prepaid and addressed as fClllows: TO THE CITY: Annie F. Ramos, Director Parks, Recreation & Community Svc. 300 North "D" street San Bernardino, CA 92418 TO THE CONTRAClTOR : ;;~t;:~~1~t~:~ir~t::~Nt"~"';:',~~, ',::;"~ess~:~1~~::~:'::~a1~l(,~i;~!~~K~:(!i:~WMiI~i~ ~;::\ii:!i .:i4? .; ~i~~WiS~;t!i.BDf1/"'~ ,;.; ";:(~~~. .;~ ',"': ': ':ii~i~~ik:i>;~;;l!~:~~1;~~i~it:;~:;~~t~li~!~~:j!!!! H!!i~::'" fi:'SH "et:j;:';~;CA:~~:g::~ftfEi: ;!~i!~m~~g~1i!;~lif~I:;~l:~~:i~~~~~:l~::;~~~~m~;r:~: 2 10/12/93 15:24 S.B. PUBLIC SERVICES ~ 9171497407836122 NO. 109 ~04 93-418 Nothing in this paragraph shall be construed to prevent the ! giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Da t e : !:!![;!~~~~~r~:~:~i~~:~~;;~f}iti~~!~L~1~~~!~~:~~L1~:t;:~;rt~:;i1i! B . ;:'I'I!I.''';~~-!f':~;'I!i!lI$ 4!lil:jlg'''''''j'l'iiIiW~~i''~;~''';l'O'I;'':; y .. :,:,:"M:~~~,.f,ff,;'i ,:j;!!"..,.':;,.;..' . '."". :...:",;:~..lti.>:~: :..;~'!';.<.,<.; ,,:~~,V':'l:~'l\:0-::li~" Busl.nesS .ariiif......... CITY OF SAN B~RNARDINO , Date: ,0" 18 11II BY:.-/'/~ ;ZW1.#'- Tom Minor, Mayor City of San Bernardino AT~ -~ Rachel lark, City Clerk Approved as to form and legal content: James F. Penman, Cit.y~AttorneY By. _-=" ./ ./ 3