HomeMy WebLinkAbout1983-130
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RESOLUTION NO. 83-130
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITHSMURFITDrAMONDPACKAGING.
CORPORA~ION ~ELATING TO ELECTION SUPPLIES AND SERVICES FOR THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 3,1983; AND REPEALIN
RESOLUTION NO. 83-102.
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 Smurfit Diamond Packaging Corporation relating to
election supplies and services for the general municipal election
to be held On May 3, 1983, a copy of which is attached hereto,
marked Exhibit "An and incorporated herein by reference as fully
as though set forth at length.
SECTION 2. Resolution No. 83-102 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adiourned regular
meeting thereof, held
on the
, 1983, by the following
9th day of
May
vote, to wit:
AYES:
Council Members
Castaneda. Reillv. Hernandez.
Marks. Ouiel. Hobbs. strickler
NAYS:
None
ABSENT:
None
of
The foregoing resolution is
Mav
, 1983.
Approv:~d as to fo~~
/-~./,;U) /ff-/ /'7 .
._~" .~~
City Attorney
,{ ,
.i/' ."y
-"1.. J-
1
AGR!?.E['i~NT
2
(election supplies and services)
3
ThIS l\GRBBi'iENT is made and entered into this
day of
4
, 1983, by and bebleen the CITY OE' SAN BERNARDINO,
5
a municipal corporation, referred to as "City", and SHUHPIt.-
DI' "0 t:P'4:n-0"6- l'
8h NlJ 1'-' "HL-.':::'I€l.JAL CORPORATION, a De a\lare corporat~on,
rJ6
6
7 referred to as "Contractor".
8
The parties agree as follo\ls:
. i~
9
1. Recitals.
10
(a) The Mayor and Common Council desire to enter into an
11 agreement to procure election supplies and services for the
12 general municipal election (hereafter the "election") to be held
13 Oll !-lay 3, 19&3 in the City of San Bernardino.
14
(b) Contractor is in the business of furnishing election
15 supplies and services and has offered to furnish supplies and
16 services upon the terms stated in this agreement.
17
2. City agrees to purchase certain election supplies and
18 services required for the election from the Contractor at the
19 prices and upon the terms stated in this agreement at a cost not
20 to exceed $10,000.00. Contractor agrees to prepare and furnish
21 necessary supplies and services in sufficient time to enable City
22 to cOl"ply ui th all requirements of the Cal ifornia Elections Code,
23 the California Government Code, tile Constitution of the State of
24 California, the Charter of the City of San Bernardino, and the San
25 Bernardino Municipal Code.
26
3. Unit prices shall be as set forth in Contractor's
27 attacr,ed proposal, marked Exhibit "A". The required quantities of
28 supplies shall be detenllined after the total number of registered
EXi-lU3IT A
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voters in the City has been ascertained. Actual quantities
requir:ed may vary from those estimated in the proposal.
4. In addition to the supplies and basic services set forth
in Exhibit "A", Contractor \lill, at: no additional charge, furnish
the follmling special serv ices, if and \lhen requested by the City
Clerk of City:
(a) Provide a aet:ailea ealeng:;;.r of sl€lction e"ltnts.
gct:t:iRg out: dateD ilRd reqyirement~ of the California Elections
~ ~
~~
(1;>) Assist in the conduct of election officers'
instruction classes as to proper use of DATAVOTE Voting System and
general polling place procedures.
(c) Provide a qualified computer operator on election
day for ballot tabulation, and supervise all counting center
procedures.
(d) Provide all materials (logs, seals, procedures,
etc.) necessary for the central counting center.
(e) Make arrangement for delivery of sample ballot
booklets to the U.S. Post Office in San Bernardino.
(f) Package official ballots, precinct supplies, and
other necessary materials, t;eady for delivery to inspectors.
(g) ;,'urnish genet;al guidance throughout the election
pt;ocess.
5. Payment fot; all supplies and services shall be made upon
a bill or claim filed by Contractor \lith City's Director of
Finance. The bill or claim shall ShO\1 the quantity and character
of each supply and service furnished and the sum payaole computed
at the appt;opriate unit price. 'fhe bill Ot; claim may be filed at
-2-
'.
1
I ani time after all of the particular supply or service has ~een
I furnished. The Director of Finance shall verify the claim. If it
2
1
is correct, he shall pay it.
4
6. Contractor is not required to provide or pay for indices
5 to the Great Register, precinct maps, postage expense for mailing
6 of election officers', forms, compensation of election officers,
7 sums payable for use of polling places or costs of publication of
8 1 notices.
9
7. Contractor agrees that it \/ill place on file \/ith the
10 City Clerk of City, within ten days after the execution of this
11 agreement, a corporate surety bond or an irrevocable instrument of
12
orff
'26
,credit in a form satisfactory to the City Attorney, in the amount
/0 0 00 ,O"'a
of $~ <;:O':O.ll6 to guarantee the performance of the I'/Orl: contracted
14 to be performed.
15 IN VH'I'L~BSS "'HEREO~', the parties hereto have m:ecuted this
16 agreement on the day and year first above IJritten.
17 CI'.rY OF SAN BERNARDINO
ATTEST:
18
By
19
Hayor
City Clerk
S,'lURI"I'i'-DIAMOND ltt'!:'~l~~uuiH.L
CORPORATION
20
21
22
BY~~'H,~
Divisional Vice President
General Manager
13y
23
24
25
Approved as to form:
27 City Attorney
28
-3-
"
".-~
.
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A311
Performance Bond
No. KO 0559015
KNOW ALL MEN BY THESE PRESENTS: that
SMURFIT DIAMOND PACKAGING CORP.
Emerybell, California
(HIre Inltrt full RIme end addre" or lepl tltl. of Contractor)
as Principal, hereinafter called Contractor, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, d corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto City of San Bernardino,
(HIre Insert full name .nd add,ess or I.pl title of Owner)
300 North "D" Street, San Bernardino, California
as Obligee, hereinafter called Owner, in the amount of TEN THOUSAND AND NO/lOO
Dollars ($10,000.00
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
SMURFIT DIAMOND PACKAGING CORP.,
Contractor has by wrillen agreement dated 19 , entered into a contract with Owner for
furnishing election supplies and services for the May 3, 1983 General Municipal
Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in accordance with Drawings and Specifications prepared by
(Hlr. Insert full Mm. Ind Iddreu or Ilpl title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT "311 , PERFORMANCE BOND' FEBRUARY 1970 ED.
1
sB2n b
,"
-- ..~
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
INSURANCE COMPANY OF NORTH AMERICA
l (Surety)
~BY: ~ c: ~"""'-<<
Ethel A. Larson, AttlfPW~y-in-Fact
Calif. License No. FB 407053, expiring 4/16/84,
name of Corroon & Black of Illinois. Inc.
AlA DOCUMENT A311.'.PERFORMANCE BOND. FEBRUARY 1970 ED.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this
21st
day of
(jurat attached)
(Witness)
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price:' as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
April
19 83.
SMURFIT DIAMOND PACKAGING CORP.
l"".~ ~
me)
(Seal)
(Seal)
in
-'- STATE OF ILLINOIS
1:0UN'q' OF COOK
)
)' 55.
On this
21st day of. April
Ethel A. Larson
, 19~, before me personally
came
to me known, who being by me duly sworn, did depose and say: that he/she is
Attorney-in-Fact of INSURANCE. COMPANY OF NORTH AMERICA
the Corporation described in and which executed the foregoing instrument; that
he/she knows the seal of said Corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by authority granted to him/her in
accordance with the By-Laws of the said Corporation, and that he/she signed his/her
name thereto by like authority.
c1~k 4 .~aJo
(Notary Public)
Commission expires /4 -/ f' -r'
,
My
.
#,
POWER OF ATTORNEY
INSURANCE COMPANY OF NORTH AMERICA
,
.-
PHilADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA.
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in~Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident
Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing execuled in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953-"
does hereby nominate, constitute and appoint JAMES S. BROWNLOW, JAMES W. BURNIE, ETHEL A. LARSON
and RICHARD S. SCHMIDT, all of the City of Chicago, State of Illinois
, each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereoL And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office,
IN WITNESS WHEREOF, the said umu,uumm,ul:m;:J:l},'J?~ml?,Lf9QQ.R'm,umm,ummu.u' Vice-President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this muwumm,m,umJAt:I1,.u.mum day of u.uu..;r.\lJYuw..,mmuumuwuuu 19uu...ui;l.9uu'
(SEAL)
b~J;d~~~N~~~_,.~~ERI~A
4flICHAEL B. FODc& ~/u~/ Vice. President
5T A TE OF ILLINOIS
COUNTY OF COOK
On this mm' mmu):4,th u uuu day of ' uu,J,,,;lyuuu u', A, D, 19u u13Pu u, before me, a Notary
Public of the State of Illinois in and for the County of Cook came uuu uuuuu,mmUuum
u,uJ!ol~<::IIl\,E,~,uIl"uu:r:(),[)()lluumuuuuuummumuu - m', Vice. President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the samei that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of CHICAGO
the da.. y an..d year first above written, ML,k:C,.LG"'t.(.JJ..LI}"!lUJ1'lk(,u""mm....,,
. (SE....u , DAWN STRAWBRIDGE"O"N~i~ry Public
'8~' "<,'~commissionexPire~it 28 1984
,',"k;'~: '1; l\1e undersigned, .. Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
;" '7 \ " I'IilI'POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
\~: .'. _.' :.~:t~:~~~,~~:r~~~'nl,~l~\~~r~~~to,s,u,~sc~:ye~fm~nA;'~;;t~~tnsecr,et~i:u~n~du~~'~ed the corporate seal
. >:::;(SE~)/' n...2~C~~:T~<<ms~~;~i~~m
} ss,