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Home My WebLink About13033 1 2 3 4 RESOLUTION NO. bbk~3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AMERICAN DECORATING COMPANY. INC.. RELATING TO CHRISTMAS DECORATIONS FOR THE 1977 SEASON. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 SECTION 1. The Mayor of the City of San Bernardino is hereby author- ized and directed to execute on behalf of said City an Agreement with American Decorating Company. Inc. relating to.Christmas decorations for the 1977 season. a copy of which is attached hereto. marked Exhibit "A" and I incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a /.~,~/) meeting thereof. held on the ~/ day of '0A"!h7M the following vote. to wit: AYES: Councilmen ~~4?pM< /2/..?//#.-f ~ ~-A-: /.&:vL/r:j, r~'.d~ - :?I~', ~/'~4?Z;- NAYS: ~~ ABSENT: ~C~ . 1977. by c~ // . ~~ ~~{ler, The foregoing resolution is hereby approved this 'Jf day of 20 21 22 23 24 ~"""'M'",A'.h~ . 1977. 2S 26 27 28 Approved as to form: ~~./uJ~ 1 ty t orney F:LED i~UV/l:> 19?i' ..UCILLE GOEORTH. City Clerk ~ .....DUUIl .' .. ~ -.'.~''''''':'!.' AMERICAN DECORATING COMPANY INC. Installation Contract II This contract entered into this 27th day of September . 19 77 by and between American Decorating Company Inc. 716 McKeever. Azusa. Ca. 91702 (herein called "American") and Central City Mall Merchants Association 295 Central City Mall. San Bernardino. Ca. 92401 (herein called "Customer"). Witnesseth that the parties hereto do mutually agree as follows. ARTICLE I. Term of Contract The Term of this Contract schedule. with respect to each item of installation listed herein. is for a Term of 11 months. Commencing on September 27 . 1977 and terminating on Se'Ptember 1st , 19 78 . ARTICLE n. Statement of Work American shall install. service. remove and store Christmas decorations for the 1977 season. Decorations will consist of sixty (60) 10' Sierra S'Pruce o'Ple mounted Christmas trees without liahts and ten (10) aarland 'Pole trim. that are owned bv customer. Location of installation Downtown area of San Bernardino in accordance with 'Plot 'Plan. Installation shall be started no earlier than November 29th. 1977 and must be completed no later than December 3rd.. 1977 Removal shall be started after Januarv 1st. 1978 and completed no later than January 10th. 1978 Time is of the essence in the performance of this contract. ARTICLE nI. Payments Customer shall pay to American for the performance of this contract a fixed price of $2.500.00 ,which price shall constitute total compensation to American. Payments shall be paya~ as follows: The first ~~ ~ A4'tJ . paid on The second )# 5J;)&;' ~ !:1 4"'''-2 paid on The third paid on The fourth paid on The fifth paid on The sixth paid on .1977 ;1978 ,19 .19 ,19 _.19 December 1st January 10th - 1- '. '.. ,.... ARTICLE IV. Warranty Unless otherwise agreed to in writing by the parties, American warrants that all work performed by it under this Contract will be performed in a good and workman like manner, however, American will not be responsible for theft and/or vandalism of decorations when installed. ARTICLE V. Insurance American will obtain and keep in force public liability insurance in the amount of $100,000.00 for injury to one person, and $500,000.00 fo.r injury to more than one person, and property damage in the amount of $50,000.00. American will furnish a certificate of said insurance upon written request. ARTICLE VI. Site Preparation and Plot Plan The location for tl).e in.stallation of decorations shall be furnished by customer and must be first approved by American's field representative as to feasibility for installations. Customer will be responsible for any permission and permits necessary for proper installation of decorations from owners, lessees, lessors, city, state or other governmental authority. American is given permission to install decoration hardware items (faceplates, cable, anchor points) at a reasonable time prior to actual installation dates. Hardware items may be left in place between seasons unless otherwise indicated in Article XI. ARTICLE VII. Electrical Source and Currents Customer, unless otherwise specified, will furnish adequate electric power and a suitable, approved electrical connection within 20 feet of decorations to be installed. Customer will be responsible for electric current consumed by decorations and for any permits or permission necessary for electrification of decorations. ARTICLE VIII. Subcontractors and Assignments American does have the option to subcontract all or part of the described performance of this Contract, however, this option will not have any effect as to the cost of performance of this Contract. ~TICLE IX. Conflict of Applicable Law If any provisions of this Contract are contrary to, prohibited, or deemed invalid under existing applicable laws or regulations, or laws or regulations adopted before this Contract expires, of any jurisdiction in which it is sought to be enforced, then such provisions of this contract which contravene such laws or regulations shall be excused from performance by American. The remaining provisions of this Contract, however, which do not contravene any such applicable law or regulation shall remain in full force and effect. ARTICLE X. Default In the event of a default in the payment of any sums due hereunder, or in the performance of any other covenant herein, and if Customer fails to cure said default within three(3) days after written notice from American, or if Customer becomes insolvent, or ceases to do business as a going concern, or makes an assignment for the benefit of creditors -2- . , - -., . or any proceeding or petition under the Bankruptcy Act as amended is filed by or against Customer, (including a proceeding for reorganization, arrangement or extension), then in such event, American at its sole option, shall have the right to terminate this Contract as to any and all items of installations and American shall thereupon be entitled to recover from Customer the excess, if any, of the amount of payments reserved in the Contract for the balance of the stated term. ARTICLE X4 Alterations in Contract In witness whereof, the parties hereto have executed this Contract as of day and year first above written. AMERICAN DE~G COMPANY INC. By ~ -,/ Title b ) Date 9/;;'7 , 19 77 CUSTOMER B Title MaYOI' Title Date ,19 -3-