HomeMy WebLinkAbout1991-505
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RESOLUTION NO. 91-505
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BERT C. UPSON RELATING TO
LANDSCAPING INSTALLATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the city of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with Bert C. Upson relating to landscaping
installation, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
forth at length.
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referenced agreement is rescinded if the parties to the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 reaular
meeting thereof, held on the
December
, 1991 , by the following vote, to
16th day of
wit:
I I I I I
IIIII
I I I I I
I I I I I
I I I I I
IIIII
IIIII
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RESOLUTION AUTHORIZING AGREEMENT WITH BERT UPSON RELATING TO
LANDSCAPING INSTALLATION.
Councilmembers AYES NAYS
ESTRADA X
REILLY X
HERNANDEZ X
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER X
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16 Approved as to form
and legal content:
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ABSTAIN
ABSENT
C(~ ~~~
. City Clerk
The foregoing resolution is
December, 1991.
this 19th day
of
JAMES F. PENMAN
City Attorney
19 By: Oa.....,j
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City of Sn Bdno. Res. No. 91-505
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AGREEMENT
THIS AGREEMENT, made and entered into this 22nd
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day of January , 199'1. by and between the CITY OF SAN
BERNARDINO ("city") and BERT C. UPSON ("Consultant"):
WITNESSETH
NOW THEREFORE, the parties hereto agree as follows:
1. city hereby engages Consultant to perform the following
services:
A. Supervise crew of temporary laborers to install
landscaping in various designated city locations.
B. Coordinate the ordering, delivery, and unloading of
landscaping materials from the vendor.
C. supervise the planting of materials and necessary
watering while under the timelines of this contract.
2. Consultant shall be paid at a rate of $19.58 per hour for
a maximum of Forty (40) hours per week, which compensation shall
not exceed $10,000 over the term of the Agreement.
3. Consultant shall maintain and file with the City
Administrator of City a record of all hours worked on assigned
study. Supervision of Consultant shall be coordinated with the
City Administrator or her designee. Consultant shall at such time
intervals as directed by the city Administrator, submit a claim
based on such records to the city in the manner and form as
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4.
This Agreement shall commence upon execution of this
2 contract by both parties and shall continue for 90 days, but may be
3 terminated by either party upon thirty (30) days written notice to
4 the other.
5 5. For all purposes, Consultant shall be considered as an
6 independent contractor and not as an employee of the City.
7 6. Except as specifically provided herein, Consultant shall
8 not be entitled to any employee benefits, such as, but not limited
9 to, vacation leave or accrual, sick leave, retirement benefits,
10 paid vacation, seniority, etc. ci ty shall not deduct from
11 Consultant's compensation any withholding except as is required for
12 such independent contractors. Consultant shall be responsible for
13 all taxes on said compensation.
14 7. Consultant agrees to defend, indemnify, save and hold
15 City, its officers, agents and employees harmless from any claim or
16 suits that may be brought by third persons on account of personal
17 injury, death, or damage to property, or a property or business or
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personal interest, arising from any negligent act or omission by
Consultant while performing services under this Agreement.
8. Any notices to be sent pursuant to this Agreement from
one party to the other shall be deposited with the united states
22 Postal Service postage prepaid and addressed as follows:
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TO THE CITY:
city Administrator
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
TO THE CONSULTANT:
Bert C. Upson
757 East Arrowhead
San Bernardino, CA
Road
92404
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1 AGREEMENT WITH BERT C. UPSON FOR PLANTING SERVICES.
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giving of notice by personal service.
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Nothing in this section shall be construed to prevent the
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: ~/@/
"'SHAUNA CLARK
city Administrator
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11 Approved as to form
and legal content:
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JAMES F. PENMAN,
city Attorney
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